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Authored works protected by copyright rule are created by people, not organizations. However, these works may be produced on behalf of a business or other organization. Creative works, whether written, audio or video in form, can represent a considerable investment. If your organization has an interest in copyrighted material, you need to understand how copyright laws work and how your interests can be safeguarded.

Definition

Under U.S. law, copyright exists automatically as soon as you write a work down or otherwise record it in a tangible form. Registration is not actually required for copyright, although your legal options are limited until your authorship is officially registered with the U.S. Copyright Office. A copyright gives the owner the exclusive right to reproduce, display, sell, rent or otherwise use a work and to authorize others to do so. The copyright owner can keep these rights, sell or license them and even give them up by putting a work in the public domain where it is free for anyone to use.

Protected Material

Copyright protection covers written documents, audio and visual recordings, images and even things like architecture and performances. These need not be artistic in nature. An organization’s internal documents, advertisements, newsletters and customer instruction manuals may be copyrighted. Copyright does not cover names, logos, short phrases or symbols. These items fall under trademark law and you must register them with the U.S. Patent and Trademark Office, not the Copyright Office.

Length of Copoyright

For an author, copyright protection lasts for her lifetime plus 70 years. When an employee produces a work for her organization, the work is normally “for hire.” In this case, the organization owns the copyright and it is good for 95 years from the date of publication or 120 years if the work is unpublished. Commissioned work may be either “for hire,” or the author may own the copyright, depending on the terms of the contract. Except for commissioned work, material produced by a freelancer is the property of the author except for those rights granted to an organization or buyer. For example, the freelancer might sell all rights or retain all but the right of first publication.

Importance of Registration

Even though registration is not required for a copyright to exist, as a practical matter registration is vital. There is no public record of authorship until a work is registered. In addition, you can bring suit and recover statutory damages up to $150,000 plus legal expenses for unauthorized use if the the work is registered. To take advantage of these legal options, you must register a work within three months of publication. For unpublished material, the work must be registered before an infringement occurs.

About the Author

Based in Atlanta, Georgia, W D Adkins has been writing professionally since 2008. He writes about business, personal finance and careers. Adkins holds master's degrees in history and sociology from Georgia State University. He became a member of the Society of Professional Journalists in 2009.